Regulations

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​Since the program is federally funded, there are a number
of laws and regulations that apply to the use of these funds. In addition, there are a number of state and
local laws and regulations that may apply to the use of funds. Between the local, state and federal laws and
regulations, the more restrictive laws or regulations must be followed. ​

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Environmental Review

Before expending any funds an environmental review of any proposed projects needs to be completed in accordance with the National Environmental Policy Act (NEPA) and 24 CFR Part 58. The environmental review evaluates any potential environmental impacts of a project, and also provides an opportunity for members of the general public to comment on the information found in the review.
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Duplication of Benefits

The Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act) (42 U.S.C. 5121-5207) as amended, (Stafford Act) prohibits any person, business concern, or other entity from receiving financial assistance from CDBG Disaster Recovery funding with respect to any part of a loss resulting from a major disaster as to which it has already received financial assistance under any other program or from insurance or any other source. Any portion of the duplication of benefits that has been determined to be funds spent on “Allowable Activities” will reduce the amount considered to be a duplication of benefits.

Acquisition and Relocation

Acquisition of most real property interests needed for any activity that is funded, in whole or in part, with CDBG-DR funds must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq. (URA), and implementing federal government wide regulations found at 49 C.F.R. Part 24. The URA provides for uniform and equitable treatment of persons displaced from their homes, businesses, or farms resulting from rehabilitation, demolition, or private acquisition carried out under federally assisted programs, regardless of their income, and establishes equitable land acquisition policies.

Labor Standards

The Davis-Bacon Act of 1931 (40 USC Part 3141 et seq.), requires that prevailing wages be paid to workers on federally funded public works projects. The Davis-Bacon and Related Acts (DBRA) applies to contractors and subcontractors constructing, altering, or repairing public buildings or public works with federal funds in excess of $2,000, or residential property containing more than eight housing units. Communities are responsible for administering and enforcing DBRA requirements when applicable.

Section 3

Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. 1701 u) requires the Land Office to ensure that training, employment and other economic opportunities generated by certain HUD financial assistance shall be directed, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, to low- and very low-income persons. Recipients of Section 3-covered funding ensure compliance and the compliance of their contractors/subcontractors with the Section 3 requirements, as outlined in 24 CFR §135.32.

Fair Housing

Fair housing regulations work to prevent discrimination and provide further housing choices. These regulations require communities to affirmatively further fair housing (AFFH) and increase public awareness of fair housing laws. Communities must conduct all projects, whether housing, infrastructure, or economic development, in accordance with a fair housing plan.

Accessibility

Accessibility laws and regulations have been enacted to prevent discrimination and ensure accessibility to individuals with disabilities. These laws ensure access to disaster recovery funding and that facilities constructed or rehabilitated with federal funds are built in accordance with accessibility standards. ​
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